N.Y. Comp. Codes R. & Regs. tit. 8 § 31.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 31.3 - Cease and desist order

(a) Whenever the department has reasonable cause to believe that a person has violated any provision of section 6512 or 6513 of the Education Law, the department may issue a written order to cease and desist from such violation, on a form prescribed by the commissioner.

(b) Contents of cease and desist order. Cease and desist orders issued pursuant to this Part shall:

(1) describe with particularity the alleged unauthorized practice and/or unauthorized use of a professional title, including the date or dates on which the alleged violation or violations occurred, with a specific reference to the provision or provisions of law alleged to have been violated;

(2) order the respondent to cease the specified unauthorized activity; and

(3) provide respondent with written notification of the following:

(i) respondent's right to request a hearing before a hearing officer designated by the department, within 30 days of receipt of the cease and desist order, if respondent desires to contest the cease and desist order;

(ii) where respondent can obtain a form to request a hearing;

(iii) respondent's right to request a stay of the cease and desist order at the time a hearing is requested;

(iv) where respondent can obtain a form to request a stay;

(v) respondent's right to personally appear at the hearing;

(vi) respondent's right to be represented by counsel at the hearing;

(vii) respondent's right to produce witnesses and evidence on his or her behalf at the hearing;

(viii) respondent's right to cross-examine witnesses and examine evidence produced against him or her at the hearing;

(ix) respondent's right to issue subpoenas in accordance with section 304 of the State Administrative Procedure Act; and

(x) respondent's right to file a written answer to the cease and desist order no later than five days prior to the first scheduled hearing date.

(c) Service of cease and desist order. A cease and desist order shall be personally served on the respondent by the department. If personal service cannot be made after due diligence and such fact is certified under oath, service of a copy of the order shall be made by certified mail, return receipt requested, to the person's last known address by the department.

(d) Notice of intention to seek restitution and/or civil penalty. Whenever the department concludes that civil penalties and/or restitution may be warranted pursuant to section 31.4 of this Part, the department shall serve a notice of the allegations of the unauthorized activity and the department's intention to impose a civil penalty and/or order the respondent to make restitution. The department shall include in such notice a notice of hearing regarding the civil penalty and/or restitution sought, unless a hearing is currently pending. The notice of hearing shall be on a form prescribed by the commissioner and shall specify the civil penalty sought for each violation.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 31.3